Here's how the State of New York defines a hate crime:

In accordance with the New York

State Penal Law, the New York City

Police Department uses the following

guideline:

"A bias incident is any offense

or unlawful act that is motivated in whole

or substantial part by a person’s, a

group’s or a place’s identification with a

particular race, color, religion, ethnicity,

gender, age, disability, ancestry, national

origin or sexual orientation (including

gay, lesbian, bi-sexual, and transgender)

as determined by the Commanding

Officer of the Hate Crime Task Force."